This Week in Washington is a weekly publication of the Water Environment Federation’s Government Affairs department. It provides updates on the latest legislative and regulatory developments that affect the water and wastewater communities.

February 24, 2006

Provided by the Water Environment Federation, Alexandria, VA

White House Releases Report on Federal Response Hurricane Katrina; WEF and Water Utilities Endorse Mutual Aid Networks
The White House released a report February 23, 2006 outlining several recommendations based on “lessons learned” from the federal response to Hurricane Katrina.  Following a cabinet meeting President Bush stated “I wasn’t satisfied with the federal response” and “we will learn from the lessons of the past to better protect the American people.”  WEF, along with several other national water organizations released a policy statement last week on the benefits of Mutual Aid networks and calling for a coordinated “utilities helping utilities” concept to better respond to man made threats and natural disasters.  In addition, WEF will continue its security and emergency response training for water sector utilities in 2006 which will feature an overview of the benefits of mutual aid.  The White House report “The Federal Response to Hurricane Katrina: Lessons Learned” is available at http://www.whitehouse.gov/reports/katrina-lessons-learned/.  The WEF security and emergency response training schedule will be posted on www.wef.org within the next two weeks.  For more information, contact Jim Sullivan at jsullivan@wef.org.

State Environmental Officials Offer Budget Alternative to Proposed EPA Reductions
The Environmental Council of the States (ECOS), which represents state and tribal environmental agencies, sent Congress their views on President Bush’s proposed FY 2007 budget for EPA.  ECOS urged Congress to restore cuts to several environmental programs that States have the primary responsibility for administering, including many clean water programs such as the Clean Water State Revolving Fund.  Arguing that state and tribal programs bore the brunt of EPA cuts over the past two years, ECOS’s would restore funding for core environmental programs under the State and Tribal Assistance Grants (STAG) programs, such as the sec. 106 NPDES program and sec. 319 non-point source pollution control program, to 2004 levels; increase funding for water infrastructure programs, such as the Clean Water and Drinking Water State Revolving Programs and other water infrastructure programs, beyond 2004 levels; and maintain level funding for several other specialized programs, such as wastewater operator training program and wetlands program development.  Overall, the ECOS proposal would restore $521 billion in proposed cuts and proposes to pay for this increase by off sets to other EPA programs, including a number of voluntary programs that are operated by EPA contractors.  ECOS based its budget recommendations on three primary principles: 1. In times of fiscal crisis, when resources are in short supply, core mandated environmental programs, including infrastructure capitalization, must be funded first; 2. Reductions in EPA’s budget, if they must occur, should be shared proportionately by EPA and the states after STAG levels are returned to their 2004 levels; and 3. States should be afforded the flexibility to run their core programs in a manner that will yield the highest level of attainment with the standards set by Congress and EPA. (PS)
 
Supreme Court Hears Cases on Scope of Clean Water Act’s Reach over Wetlands
This week the Supreme Court heard two Michigan cases in which the scope of the Clean Water Act and its ability to regulate wetlands that drain into navigable waters were at issue.  In the first case, Rapanos v. United States, 376 F.3d 629 (6th Cir. 2004), a Michigan developer wanted to build a shopping center on land that was found to contain wetlands connecting to tributaries that flow into Lake Huron. EPA issued cease and desist orders to prevent the developer from developing the site, however the developer ignored the orders and continued to develop the wetlands. The developer claims the wetland is hydrologically isolated from the nearest “navigable water” (in this case, Lake Huron), and therefore should not be regulated under the Clean Water Act.  In the second case, Carabell v. United States Army Corps of Engineers, 391 F.3d 704 (6th Cir. 2004), developer wanted to build condominiums by filling in about fifteen acres of forested wetlands.  The wetlands are adjacent to, but separated by a manmade ditch from a tributary that flows to Lake St. Clair.  The U.S. Army Corps of Engineers denied the permit.  The developer brought suit alleging the wetlands were not covered by the Clean Water Act. In both cases, the Court is being asked whether (1) the Clean Water Act extends to wetlands that are hydrologically isolated from any of the “waters of the United States”; (2) limits on Congress’s authority to regulate interstate commerce preclude an interpretation of the Clean Water Act that would extend federal authority to wetlands that are hydrologically isolated from any of the “waters of the United States”; (3) the Clean Water Act prohibition on unpermitted discharges to “navigable waters” extends to nonnavigable wetlands that do not abut a navigable water; and (4) extension of Clean Water Act jurisdiction to every intrastate wetland with any  hydrological connection to navigable waters, no matter how tenuous or remote, the connection exceeds Congress’s constitutional power to regulate commerce among the states.  In both these cases, the U.S. received support from over thirty States and several environmental organizations for a broad interpretation of the Clean Water Act to cover these wetlands.  The Court is expected to decide both cases before adjournment in June.  (PS)
 
EPA Publishes Final Aquatic Life Ambient Water Quality Criteria for Diazinon and Nonylphenol  
On February 23 the Environmental Protection Agency (EPA) announced the availability of final recommended aquatic life ambient water quality criteria for diazinon (71 FR 9336-9337) and nonylphenol (71 FR 9337-9339). EPA developed acute and chronic criteria recommendations designed to protect aquatic life in both freshwater and saltwater.  The Clean Water Act (CWA) requires EPA to develop and revise criteria for water based on the latest scientific knowledge.  States and authorized tribes use the EPA recommended criteria to establish their water quality standards and can adopt approaches that differ from EPA's guidance on a case-by-case basis.  Copies of the criteria documents are available at http://www.epa.gov/waterscience/criteria/nonylphenol/ http://www.epa.gov/waterscience/criteria/diazinon/. (SRT)

Mark Your Calendar!  2006 National Clean Water Policy Forum
Join your colleagues on May 2-3 for the 2006 National Clean Water Policy Forum, where WEF and the National Association of Clean Water Agencies (NACWA) together will provide a unique opportunity to access the latest federal legislative and regulatory developments in the heart of the action – Washington, DC.  Included in the slate of exceptional speakers will be political analyst Charlie Cook. Cook’s astute impartial observations have led The New York Times to call him “one of the best political handicappers in the nation”.  Don’t miss this opportunity to become more involved in current and emerging legislative, legal and regulatory issues! The Policy Forum will be preceded on May 1 by the WEF Government Affairs Committee meeting, NACWA’s National Environmental Achievement and Peak Performance Awards events, a briefing on Water Is Life and Infrastructure Makes It Happen™, and a Welcome Reception.  Reserve your hotel room at the Capital Hilton (202-393-1000) by April 7th to guarantee the special conference rate of $219 single/double.  Online conference registration and a detailed agenda will be available soon at www.wef.org or http://www.nacwa.org/. (SRT) 

Quote of the Week: “Pleasure in the job puts perfection in the work.”  ~Aristotle

This Week in Washington is provided by the Water Environment Federation, Alexandria, VA. To receive This Week in Washington by e-mail, contact Lisa Jones, (703) 684-2400 ext. 7741, ljones@wef.org. For more information on this week's stories, please contact the WEF staff whose initials appear at the end of the item in which you are interested. TW –Tim Williams (703) 684-2437, twilliams@wef.org; SRT - Sharon Thomas, (703) 684-2423, sthomas@wef.org; SJH - Sam Hadeed (703) 684-2418, shadeed@wef.org; PS-Patricia Sinicropi (703) 684-2416, psinicropi@wef.org. This Week in Washington is available on-line at http://www.wef.org/PolicyAction/USGovernmentAffairs/TWIW/.